State v. Fuller
Supreme Court of Missouri
Appeal from, Qreene Circuit Court. — How. W. P. Geiger, Judge. The transcript discloses no ruling as to the evidence prejudicial to defendant. Errors not prejudicial will not warrant reversal. State v. O' Qorman, 68 Mo. 179. The instructions given by the court fairly and fully presented the law of the case under the evidence, and instructions asked by defendant were therefore properly refused. State v. Smith, 80 Mo. 516.
1Opinion of the CourtBlack, J.
The defendant stands convicted of an assault with intent to kill, without malice aforethought, L. D. Howard, who was the deputy marshal of Ash Grove, a city of the fourth class. It appears that defendant was intoxicated, boisterous, and handled a gun which he had so carelessly as to be dangerous to persons on the streets. He defied the power of the marshal to arrest him. The marshal refrained from making an arrest for the moment, as defendant’s comrades undertook to get him out of town, but defendant got into a scuffle with them, during which he had in his hand an open knife. The marshal then…
2Cases cited3 opinions
- Board of Commissioners v. ShieldsSupreme Court of Missouri · 1876
- Catholic Church v. TobbeinSupreme Court of Missouri · 1884
- Inhabitants of Town of Fredericktown v. FoxSupreme Court of Missouri · 1884
3Cited by21 opinions
- City of El Paso v. RuckmanTexas Supreme Court · 1898
- State v. . MillerSupreme Court of North Carolina · 1929
- State v. TurlingtonSupreme Court of Missouri · 1890
- Walcott v. WellsNevada Supreme Court · 1890
- Black v. EarlySupreme Court of Missouri · 1907
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